Senate bill sets guidelines for use of notwithstanding clause in federal laws

MONTREAL — A bill introduced in the Senate seeks to set rules on how the federal government can adopt laws that override certain parts of the Canadian Charter of Rights and Freedoms.

Sen. Peter Harder’s bill would amend the Canadian Constitution Act and create a framework for how Ottawa can use Section 33, the so-called notwithstanding clause, which shields legislation from some Charter challenges.

The bill would permit legislation that invokes the notwithstanding clause to be introduced in Parliament only after the Supreme Court has declared that the proposed law violates one or more Charter rights.

Harder’s bill, tabled earlier this year, would also require the minister who introduces legislation invoking the notwithstanding clause to include a justification for its use.

As well, any bill with Section 33 would need to be passed by a two-thirds majority in the House of Commons and with the support of at least two parties.

Harder told a news conference he hopes the bill can provide a template for other jurisdictions in Canada on how to use the notwithstanding clause, which is the subject of a pending Supreme Court hearing.

This report by The Canadian Press was first published Oct. 20, 2025.

The Canadian Press